[Federal Register Volume 63, Number 126 (Wednesday, July 1, 1998)]
[Rules and Regulations]
[Pages 35820-35822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17510]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD08-98-036]
RIN 2115-AE47
Drawbridge Operation Regulation; Lake Pontchartrain, LA
AGENCY: Coast Guard, DOT.
ACTION: Temporary rule.
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SUMMARY: The Coast Guard is temporarily changing the regulation for the
operation of the draws of the Greater New Orleans Expressway Commission
causeway, north bascule spans across Lake Pontchartrain between
Metairie, Jefferson Parish and Mandeville, St. Tammany Parish,
Louisiana. From July 6, 1998 through November 10, 1998, the draws will
remain closed to navigation Monday through Saturday except for
September 5, 6, 7, 24, 25, 26, 27, 28 and 29, 1998 and October 10, 11
and 12, 1998. During these closure periods there will be crane barges
under the bridge to support equipment. On Sundays and on September 5,
6, 7, 24, 25, 26, 27, 28 and 29, 1998, October 10, 11 and 12, 1998, the
draws will open on signal if at least three hours notice is given. In
the event of an approaching tropical storm or hurricane, the draw will
return to normal operation within 12 hours and the channel cleared of
all construction equipment. This temporary rule is issued to allow for
cleaning and painting of the bascule structure, an extensive but
necessary maintenance operation.
DATES: This temporary rule is effective from July 6, 1998 through
November 10, 1998.
ADDRESSES: Unless otherwise indicated, documents referred to in this
notice are available for inspection or copying at the office of the
Eighth Coast Guard District, Bridge Administration Branch,
[[Page 35821]]
Hale Boggs Federal Building, room 1313, 501 Magazine Street, New
Orleans, Louisiana 70130-3396 between 7 a.m. and 4 p.m., Monday though
Friday, except Federal holidays. The Bridge Administration Branch of
the Eighth Coast Guard District maintains the public docket for this
temporary rule.
FOR FURTHER INFORMATION CONTACT: Phil Johnson or David Frank, Bridge
Administration Branch, at the address given above.
SUPPLEMENTARY INFORMATION: On April 10, 1998, the Coast Guard issued a
temporary deviation from the regulation governing the operation of the
draws of the Greater New Orleans Expressway Commission causeway, north
bascule spans across Lake Pontchartrain, to allow the draw to remain
closed Monday through Saturday from May 4, 1998 through July 2, 1998.
The deviation was issued to allow for the cleaning and painting of the
bascule structures. However, the contractor was unable to mobilize for
reasons including contract negotiation, acquisition of insurance and
impeded access to the job site due to a navigation lock closure. The
Greater New Orleans Expressway Commission has requested the Coast Guard
issue a temporary rule to allow the work to begin on July 6, 1998 and
to continue through November 10, 1998. The deteriorated condition of
the bridge warrants the closures so that remedial work can be
accomplished. The Coast Guard was not notified in time to issue a
notice of proposed rulemaking. For this reason, good cause exists to
make this temporary rule effective in less than 30 days after
publication.
Background and Purpose
The south channel span of the Greater New Orleans Expressway
Commission causeway across Lake Pontchartrain Louisiana provides an
alternate route with a vertical clearance of 50 feet above mean high
water. Navigation on the waterway consists of small tugs with tows,
fishing vessels, sailing vessels, and other recreational craft. The
special equipment used for this procedure has to be removed each time
the draw span is opened. Since this process is time consuming and
costly, the equipment must remain in place for 6-day periods, allowing
the contractor to maximize work time. While the draw span being
serviced is in the closed to navigation position, the equipment will be
supported by two crane barges which must remain in place below the draw
span. As a result, the channel will be completely blocked by the
barges. The short term inconvenience, attributable to a delay of vessel
traffic which is not able to use the south channel span as an alternate
route, for a maximum of six days, is outweighed by the long term
benefits to be gained by keeping the bridges free of corrosion and in
proper working condition. This work is essential for the continued
operation of the draw spans. Presently, the draws open on signal if at
least three hours notice is given.
Regulatory Evaluation
This temporary rulemaking is not a significant regulation action
under section 3(f) of Executive Order 12866 and does not require an
assessment of potential cost and benefits under section 6(a)(3) of that
order. It has not been reviewed by the Office of Management and Budget
under that order. It is not significant under the Regulatory Policies
and Procedures of the Department of Transportation (DOT) (44 FR 11040,
February 26, 1979). The Coast Guard expects the economic impact of this
temporary rule to be so minimal that a full Regulatory Evaluation under
paragraph 10e of the regulatory policies and procedures of DOT is
unnecessary. This is because the majority of vessels affected by the
closure is minimal. The majority of commercial vessel and most of the
recreational sailboats which normally transit the causeway bridge are
able to do so at one of the navigation humps, located at four mile
intervals along the bridge, or though the south channel span, which
provides a vertical clearance of 50 feet above mean high water.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Cost Guard must consider whether this temporary rule will have a
significant economic impact on a substantial number of small entities.
``Small entities''may include (1) small businesses and not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields and (2) governmental jurisdictions with
populations of less than 50,000. The majority of commercial vessels and
fishing vessels which normally transit the causeway bridge will still
be able to do so through the south channel span. Thus, the Coast Guard
expects there to be no significant economic impact on these vessels.
The Coast Guard is not aware of any other waterway who would suffer
economic hardship from being unable to transit the waterway during
these closure periods. Therefore, the Coast Guard certifies under 5
U.S.C. 605(b) that this temporary rule will not have a significant
economic impact on a substantial number of small entities.
Collection of Information
This temporary rule contains no collection-of-information
requirements under the Paperwork Reduction Act (44 U.S.C. 3501 et
seq.).
Federalism
The Coast Guard has analyzed this proposal in under the principles
and criteria contained in Executive Order 12612, and it has been
determined that this rule does not have sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this
temporary rule and concluded that this action is categorically excluded
from further environmental documentation under current Coast Guard CE
#32(e), in accordance with Section 2.B.2 and Figure 2-1 of the National
Environment Protection Act Implementing Procedures, COMDTINST
M16475.1C. A ``Categorical Exclusion Determination'' is available in
the docket for inspection or copying where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons set out in the preamble, the Coast Guard is
amending part 117, Title 33, Code of Federal Regulations, as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
1. The authority citation for part 117 continues to read as
follows:
Authority: 33 U.S.C. 499; 49 CFR 1.46; and 33 CFR 1.05-1(g);
section 117.255 also issued under the authority of Public Law 102-
587, 106 Stat. 5039.
2. Effective July 6, 1998 through November 10, 1998, Sec. 117.467
is amended by suspending paragraph (b) and adding paragraph (c) to read
as follows:
Sec. 117.467 Lake Pontchartrain.
* * * * *
(c) From July 6, 1998 through November 10, 1998 the draws of the
Greater New Orleans Expressway Commission causeway, north bascule span,
need not open for the passage of vessels Monday through Saturday except
for September 5, 6, 7, 24, 25, 26, 27, 28 and 29, 1998 and October 10,
11 and 12, 1998. From 12:01 a.m. on Sundays to 12:01 a.m. on Mondays
and on September 5, 6, 7, 24, 25, 26, 27, 28
[[Page 35822]]
and 29 and October 10, 11 and 12, 1998 the draws will open on signal if
at lease three hours notice is given. In the event of an approaching
tropical storm on hurricane, the channel will be cleared and the draws
will return to normal operation within 12 hours.
Dated: June 23, 1998.
A.L. Gerfin, Jr.
Captain, U.S. Coast Guard, Commander, 8th Coat Guard Dist. Acting.
[FR Doc. 98-17510 Filed 6-30-98; 8:45 am]
BILLING CODE 4910-15-M
